{
  "id": 2771918,
  "name": "Ed. Finch, Plaintiff in Error, v. J. W. McIntosh, Defendant in Error",
  "name_abbreviation": "Finch v. McIntosh",
  "decision_date": "1911-12-13",
  "docket_number": "",
  "first_page": "120",
  "last_page": "122",
  "citations": [
    {
      "type": "official",
      "cite": "171 Ill. App. 120"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [
    {
      "cite": "16 Pick. 546",
      "category": "reporters:state",
      "reporter": "Pick.",
      "opinion_index": 0
    },
    {
      "cite": "216 Ill. 132",
      "category": "reporters:state",
      "reporter": "Ill.",
      "case_ids": [
        3359844
      ],
      "opinion_index": 0,
      "case_paths": [
        "/ill/216/0132-01"
      ]
    },
    {
      "cite": "68 Ill. 290",
      "category": "reporters:state",
      "reporter": "Ill.",
      "case_ids": [
        2627023
      ],
      "opinion_index": 0,
      "case_paths": [
        "/ill/68/0290-01"
      ]
    },
    {
      "cite": "142 Wis. 178",
      "category": "reporters:state",
      "reporter": "Wis.",
      "case_ids": [
        8699692
      ],
      "opinion_index": 0,
      "case_paths": [
        "/wis/142/0178-01"
      ]
    },
    {
      "cite": "119 Wis. 166",
      "category": "reporters:state",
      "reporter": "Wis.",
      "case_ids": [
        8701056
      ],
      "opinion_index": 0,
      "case_paths": [
        "/wis/119/0166-01"
      ]
    },
    {
      "cite": "36 Fed. R. 880",
      "category": "reporters:federal",
      "reporter": "F.",
      "case_ids": [
        6735586
      ],
      "opinion_index": 0,
      "case_paths": [
        "/f/36/0880-01"
      ]
    }
  ],
  "analysis": {
    "cardinality": 329,
    "char_count": 5115,
    "ocr_confidence": 0.511,
    "pagerank": {
      "raw": 3.754001365952615e-07,
      "percentile": 0.8953606947740969
    },
    "sha256": "c7b89142af7d5e83df7fb1e9d2c7ccbabc696c49a9ffb62e7b09441d8a44e805",
    "simhash": "1:9d03bca87ace18e0",
    "word_count": 903
  },
  "last_updated": "2023-07-14T19:13:55.214396+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Ed. Finch, Plaintiff in Error, v. J. W. McIntosh, Defendant in Error."
    ],
    "opinions": [
      {
        "text": "Mr. Justice\" Thompson\ndelivered the opinion of the court.\nThis is a suit originally instituted before a justice of the peace by plaintiff to recover $168.50 from defendant. From the judgment of the justice an appeal was taken to the county court, where the court at the close of the evidence directed a verdict for the defendant on which judgment was rendered, and plaintiff prosecutes this writ of error. There is no controversy over the facts. On June 16, 1910, the parties to the suit entered into a written contract under which Finch agreed to bore or drill a well and furnish the casings, at his own expense, on the premises of McIntosh, at a point \u201cselected by McIntosh, at an agreed price per foot. The contract was prepared by and is in the writing of McIntosh. The conclusion of the contract is: \u201cIt is further agreed that the well must furnish a good and sufficient supply of water for the use of said McIntosh for his house, outbuildings and stock, before he is liable for any costs of any kind or description thereon. Payment is due when well is completed in good shape by said, Finch and water supply proved.\u201d It is over the meaning and construction of these sentences that the controversy arises.\nFinch drilled a well under the contract and reported to McIntosh that he had struck water; a pump was installed and the well was tested. It is not controverted but that the well furnished a sufficient supply of water, but the water contained sand and mud. McIntosh refused to accept the well in that condition and insisted that the casing, which had been extended down to the solid rock, should be extended into the rock so as to shut off the sandy and muddy water, and the drilling continued until good water was obtained. This Finch refused to do, insisting he had fully complied with his contract and that he is entitled to he paid the agreed compensation.\nA written contract by which a party agrees to sink a well that will supply a given quantity of water, does not require that the water shall be potable and fit for washing and making steam, although the well digger knew the well was sunk for a hotel keeper and that he desired water of that character for hotel purposes. American Well Works v. Rivers, 36 Fed. R. 880. In a contract to dig or bore a well there is no implied warranty that, water will be obtained, but only that the work will be done in a workmanlike manner. Butler v. Davis, 119 Wis. 166; Lemke v. Hage, 142 Wis. 178.\nThe contract sued upon having been prepared and written by the defendant, if the language is uncertain and the intention obscure and open to construction, as to whether the language used constitutes a guarantee of the quality of the water, it must be construed most strongly against him. Massie v. Belford, 68 Ill. 290; Rankin v. Rankin, 216 Ill. 132. The solution of the question involved depends upon the grammatical construction of the words \u201cgood and sufficient supply of water.\u201d Does the word \u201cgood\u201d qualify the word \u201csupply\u201d or the word \u201cwater\u201d? If it qualifies the word \u201csupply,\u201d then the direction of a verdict for the defendant was erroneous, if it qualifies the word \u201cwater\u201d then the direction of the verdict for the defendant was correct. The words \u201cgood\u201d and \u201csufficient\u201d are adjectives qualifying the word \u201csupply.\u201d \u201cOf water\u201d is a prepositional phrase modifying the word \u201csupply.\u201d The words \u201cgood and sufficient\u201d have no reference to the quality of the water, and there is nothing in the contract having any reference to the quality. In a contract to convey land by a \u201cgood and \u25a0sufficient deed\u201d the words good and sufficient relate only to the validity of the deed to pass the title which the grantor had and do not imply that the title is valid or free from incumbrance, unless there is something in the agreement or attendant circumstances to show that the parties intended a g\u2019ood title to pass. Tinney v. Ashley, 16 Pick. 546; Bowen v. Vickers, 1 Green\u2019s Chy. 520; Barrow v. Bispam, 6 Halst. 199. If the defendant desired a particular quality of water he should have provided therefor in the contract. The judgment is reversed and the cause remanded.\nReversed and remanded.",
        "type": "majority",
        "author": "Mr. Justice\" Thompson"
      }
    ],
    "attorneys": [
      "Flack & Lawyer, for plaintiff in error.",
      "Elting & Hainline, for defendant in error."
    ],
    "corrections": "",
    "head_matter": "Ed. Finch, Plaintiff in Error, v. J. W. McIntosh, Defendant in Error.\n1. Contract\u2014to dig well. Where a contract to drill a well has been written by the person agreeing to perform the work, it will be construed most strongly against him on the point as to whether or not certain language amounts to a guaranty of the quality of the water.\n2. Contract\u2014when not guaranty of quality of water. Where a person has written a contract whereby he agrees to drill a well which shall furnish a \u201cgood and sufficient supply of water,\" the word \u201cgood\u201d does not qualify the word \u201cwater\u201d so as to amount to a guaranty of the quality of the water.\nAction on written contract. Error to County Court of McDonough county; the Hon. Conrad G. Gtjmbardt, Judge, presiding. Heard in this court at the October term, 1911.\nReversed and remanded.\nOpinion filed December 13, 1911.\nRehearing denied April 3, 1912.\nFlack & Lawyer, for plaintiff in error.\nElting & Hainline, for defendant in error."
  },
  "file_name": "0120-01",
  "first_page_order": 152,
  "last_page_order": 154
}